2020 Georgia Code
Title 35 - Law Enforcement Officers and Agencies
Chapter 3 - Georgia Bureau of Investigation
Article 2 - Georgia Crime Information Center
§ 35-3-39.1. National Crime Prevention and Privacy Compact; Ratification; Criminal History Records Repository

Universal Citation: GA Code § 35-3-39.1 (2020)
  1. As used in this Code section, the term:
    1. "Compact" means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law.
    2. "Compact council" means the compact council established by Article VI of the compact.
    3. "Director" means the director of the Georgia Crime Information Center.
    4. "Federal law" means the National Crime Prevention and Privacy Compact Act of 1998 contained in Public Law 92-544, 42 U.S.C. Section 14616.
    5. "Interstate Identification Index System" or "III System" means the cooperative federal-state system for the exchange of criminal history records as provided for in the compact.
  2. The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General.
  3. The director shall be the compact officer and shall be responsible for:
    1. Administering the compact within this state;
    2. Ensuring that compact provisions and rules, procedures, and standards established by the compact council are complied with in this state; and
    3. Regulating the in-state use of records received from the Federal Bureau of Investigation or other states party to the compact.
  4. The center shall establish and maintain a criminal history record repository to provide:
    1. Information and records for the National Identification Index and the National Fingerprint File; and
    2. This state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV of the compact.
  5. This state shall comply with III System rules, procedures, and standards established pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III System operation.
  6. Use of the III System by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
  7. Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state.
  8. The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact.
  9. Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the director in conformity with rules, procedures, and standards established pursuant to Article IV of the compact.
  10. Notwithstanding any other law to the contrary, fingerprints or other forms of positive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law.

(Code 1981, §35-3-39.1, enacted by Ga. L. 1999, p. 574, § 1; Ga. L. 2000, p. 136, § 35; Ga. L. 2000, p. 1549, § 2.)

Cross references.

- Organized Crime Prevention Council, T. 35, C. 7.

Use of confidential, classified, or restricted records for research, § 50-18-101.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1999, "of 1998" was substituted for "of of 1998" in paragraph (a)(4).

Law reviews.

- For note on 1999 enactment of this Code section, see 16 Ga. St. U. L. Rev. 227 (1999). For note, "Just You and Me and Netflix Makes Three: Implications for Allowing 'Frictionless Sharing' of Personally Identifiable Information under the Video Privacy Protection Act," see 20 J. Intell. Prop. L. 413 (2013).


Governmental Entity's Liability for Failure to Prevent Crime, 30 POF2d 429.

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